Elf Website and Services

Terms of Use

JANDI Enterprises Inc.

Last updated May 10, 2011

Welcome to Elf!

Elf is a personal check-out library information monitoring tool developed and maintained by JANDI Enterprises Inc.
While the Elf Website and Services are available for use by anyone who signs up as an Elf user,
there are some rules and guidelines you must adhere to when using any or all of our services.
Please make yourself familiar with the guidelines provided in our Terms of Use before proceeding, as by using
this site and associated services, you are agreeing to our Privacy Policy and
Terms of Use.

This Terms of Use document explains the terms and conditions governing
your use of the Elf Website and Services ("Elf", "Service").
By signing up for an Elf account and by using any Service, you are indicating you agree to be bound by these terms and conditions.
If you do not agree with any of these terms, please exit this site and do not use or sign up for Elf.

Description

Elf is an Internet-based tool for individuals to check and obtain information from their library accounts.
If you use Elf, you are able to check every library account you are personally responsible for in one place
and at anytime at the Elf website.
You could also receive email alerts before library items are due, when items are overdue and ready for pickup (holds)
as well as text message alerts for holds.
The website access, automated monitoring, and email notifications and text message alerts (collectively, the "Service") is available for free.

Use of the Service

By completing the sign up process to become a user ("User") of the Service or by providing
information to us in any other manner, you agree to provide only true, accurate, current and
complete information on all registration pages.
Submitting false information will result in termination of your account.
You agree that we may use the information you provide to us according to the Privacy Policy on this site.

If you become a user of the Service, you agree to accept responsibility for all activities that
occur under your account or password, and agree you will not sell, transfer or assign your membership (user account)
or any associated rights therein.
You are responsible for maintaining the confidentiality of your password and for restricting access
to your computer so that others may not access the Elf website using your name in whole or in part.

The library cards that you are asking us to monitor must be your own personal cards or library cards
for which you have received permission to monitor or library cards for which you are responsible for
(usually children 13 years or under). By using Elf, you agree and give us permission to act on your behalf
when we log into your library account, to obtain and retrieve account information and to display
this information for you, just as you might or could do in person.
You agree to use Elf only for legal purposes and for your own personal and non-commercial use.

You agree and accept that you are responsible for all the materials borrowed on the cards you are monitoring and
for any charges on items that are overdue, lost or damaged.

We reserve the right to terminate membership if individuals from more than one household access
the Service using any single user name or password.
If you believe someone has accessed the Service using your Account ID and password without your
authorization, email us immediately.

Cookies

As we do not allow unidentified access and must be able to verify who you are, you must enable cookies.
You also warrant that you are not pretending to be another person or
purporting to represent an organization that you are not officially connected with.

Your Privacy

We will not use your personal details for any reason other than to fulfill your request,
send email alerts or service updates.
Personal details will not be disclosed to a third party outside of our organization
(unless we are ordered to do so by a court).
See our Privacy Policy.

Disclaimers and Limitation of Liability

JANDI disclaims any responsibility for any harm resulting from your use of Elf.

You understand and agree that you use Elf at your own discretion and risk and that you will
be solely responsible for any damages to your computer system or loss of data that results from
the use of the Elf Site and Service.
You understand and agree that you are and will be solely responsible for any fines, fees or charges
that results from the use of the Elf Site and Service.

Elf is for informational purposes only, solely for your own personal, non-commercial use.
Access to and all Services are provided in good faith on an "as is, as available" basis.
Neither JANDI, nor any other party involved in creating, producing or delivering the Service make any
representation or warranty as to the accuracy, quality, timeliness, availability or completeness of the
information, software, products, services or other materials available through the Service, and
you should not rely upon them. We provide the Service on an "as is, as available" basis
WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ANY EVENT, THE LIABILITY OF
JANDI TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO
JANDI BY YOU UNDER THIS AGREEMENT DURING THE 365 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH
SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE,
INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE,
STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.

We assume no responsibility whatsoever and will not be liable
for any damages to your computer equipment or other property by reason of your use, browsing, downloading,
delivery of material of the Service.

We will not be liable for any damages caused by computer viruses, line failure, server
failure, delay in operation of transmission, defect, interruption, omission, failure of performance, error,
use of site or use of any site you hyperlink to, from or with the Service or any other damages and expenses
resulting directly from loss or injury.

We assume no responsibility whatsoever and will not be liable for any fines, fees or charges
arising out of or in connection with the use of the Service whether or not you have been advised
of the possibility of such fines, fees or charges. We also reserve the right to remove any library from
the Service without giving any prior notice to either the user or the library.

Hold Harmless and Indemnify

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors,
employees and agents harmless from any loss, liability, claim, demand, damage (actual and consequential),
or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of
the Service or breach of these Terms of Use. We reserve the right to assume the exclusive defense and
control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Release and Waiver

To the maximum extent permitted by applicable law, you hereby release, and waive all claims against JANDI
and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses
(including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with
use of the Service.

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia and
the laws of Canada applicable therein, without regard to conflict of laws provisions thereto.
The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, Vancouver, British Columbia.

Links

As a convenience, we may have links to other sites, they are for information purposes only and
are not warranted for content, accuracy or any other implied or explicit purpose.
These sites have confidentiality and privacy policies of their own and we suggest you review them.

Revisions

You agree to be bound by the terms and conditions as set forth, you are also bound by any revisions made by us and
you should periodically access this page to review the current terms and conditions to which you are also bound.
If any of the terms of this agreement are invalid, unlawful, or unenforceable it will not affect the validity and
enforceability of the remaining terms or provisions.

If we become aware of or determine, in our sole discretion, that any of these terms and conditions are violated,
we reserve the right to terminate membership and deny access to the Service, with or without notice to you.

JANDI retains the right to change these terms and conditions at any time in its discretion and to notify
users of any such changes solely by changing this Terms and Conditions of Use.
In the event of these terms changing, the change will be posted on this page.